Case information
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25474
Her Majesty the Queen in Right British Columbia as represented by the Min. of Transportation v. Anthony Dale Mochinski, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1998-02-04 | Appeal closed | |
| 1998-01-23 | Record returned to the Registrar of the Court of Appeal, sent together with 23799 - 24891 - 24896 - 24943 - 24999 and 25179 (2 boxes) | |
| 1998-01-13 | Copy of formal judgment being prepared, all parties | |
| 1998-01-08 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1997-12-11 |
Judgment on the appeal rendered, So Co McL Ia Ma, The appeal is dismissed with costs to the respondent throughout. Dismissed, costs in this Court and courts below |
|
| 1997-12-11 | Notice of deposit of judgment sent to all parties, all parties | |
| 1997-12-05 | Correspondence (sent by the Court) to, (by fax) dated Dec. 5/97 from Gordon G. Hilliker re: consent to the decision being rendered by four remaining judges | |
| 1997-12-03 | Correspondence (sent by the Court) to, from Thomas MacLachlan to Registrar, letter dated Dec. 3, 1997 (fax copy) re: considering this letter as written consent from both counsel with respect to the decision be rendered by a panel composed of the 4 remaining judges | |
| 1997-12-01 | Correspondence (sent by the Court) to, sent to Hean Wylie Peach De Stefanis (Burnaby, BC) enquiring for consent on decision being rendered by a panel of 4 judges due to J. Sopinka's death and advising of other options by A. Roland (SENT BY FAX) | |
| 1997-12-01 | Correspondence (sent by the Court) to, sent to A.G. of British Columbia (Victoria, BC) enquiring for consent on decision being rendered by a panel of 4 judges due to J. Sopinka's death and advising of other options by A. Roland (SENT BY FAX) | |
| 1997-12-01 | Correspondence (sent by the Court) to, sent to Hilliker Grady (Vancouver, BC) enquiring for consent on decision being rendered by a panel of 4 judges due to J. Sopinka's death and advising of other options by A. Roland (SENT BY FAX) | |
| 1997-10-23 | General proceeding, transcripts received and distributed to the judges (30 pages) | |
| 1997-10-07 | General proceeding, 12 copies of Condensed Book of Evidense given in Court | Her Majesty the Queen in Right British Columbia as represented by the Min. of Transportation |
| 1997-10-07 |
Hearing of the appeal, 1997-10-07, So Co McL Ia Ma Decision reserved |
|
| 1997-10-06 | General proceeding, 12 copies of Respondent's Extracts | Anthony Dale Mochinski |
| 1997-10-02 | General proceeding, 1 photocopy of "Amended trial record" | Her Majesty the Queen in Right British Columbia as represented by the Min. of Transportation |
| 1997-10-02 | Book of authorities, 10 copies (joint with 24999), Completed on: 1997-10-02 | Her Majesty the Queen in Right British Columbia as represented by the Min. of Transportation |
| 1997-10-02 | Book of authorities, 10 copies (joint with 25474), Completed on: 1997-10-02 | Her Majesty the Queen in Right British Columbia as represented by the Min. of Transportation |
| 1997-10-02 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1997-09-30 | Appeal court record, 1 small box | |
| 1997-09-12 | Correspondence (sent by the Court) to, from Burke-Robertson to M. Larmour, letter dated Sept. 10, 1997 re: will file a joint book of authorities with Lewis v. Queen (24999) | |
| 1997-08-27 |
Appeal hearing scheduled, 1997-10-07 Decision reserved |
|
| 1997-08-07 | Appeal perfected for hearing, Session beginning on 1997-10-06 | |
| 1997-08-06 | Respondent's factum, 24 copies, with service, Completed on: 1997-08-06 | Anthony Dale Mochinski |
| 1997-07-24 | Appellant's factum, 24 copies, with service, Completed on: 1997-07-24 | Her Majesty the Queen in Right British Columbia as represented by the Min. of Transportation |
| 1997-07-21 | Correspondence (sent by the Court) to, sent to Hean Wylie Peach de Stefanis (Burnaby, BC) enclosing a copy of the notice to the profession dealing with condensed books c.c. Gowling, Strathy & Henderson | |
| 1997-07-21 | Correspondence (sent by the Court) to, sent to A.G. of B.C. (Victoria, BC) enclosing a copy of the notice to the profession dealing with condensed books c.c. Burke-Robertson | |
| 1997-07-04 | Certified casebook, of vol. 1 to 4 | Her Majesty the Queen in Right British Columbia as represented by the Min. of Transportation |
| 1997-06-19 | Case on appeal, 21 copies of vol. 1 to 4 (3 more copies requested) | Her Majesty the Queen in Right British Columbia as represented by the Min. of Transportation |
| 1997-05-29 | Correspondence (sent by the Court) to, from Burke-Robertson to Registrar, letter dated May 26, 1997 re: B.C. has agreed to an order of solicitor client costs in favour of Mochinski in any event of the outcome of the appeal. SUBMIT TO PANEL ON APPEAL | |
| 1997-05-20 | Copy of formal judgment on leave being prepared, Nelligan, Power | |
| 1997-05-20 | Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson | |
| 1997-05-20 | Copy of formal judgment on leave being prepared, Burke-Robertson | |
| 1997-05-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Vancouver (Colombie Britannique) | |
| 1997-03-27 | Correspondence (sent by the Court) to, sent to Hilliker Grady (Vancouver, BC) enclosing copy of Rule 32 c.c. Nelligan, Power | |
| 1997-03-27 | Correspondence (sent by the Court) to, sent to Hean Wylie Peach De Stefanis (Burnaby, BC) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson | |
| 1997-03-27 | Correspondence (sent by the Court) to, sent to Attorney General of British Columbia (Victoria, BC) enclosing copy of Rule 32 c.c. Burke-Robertson | |
| 1997-03-25 | Notice of appeal, With service, Completed on: 1997-03-25 | Her Majesty the Queen in Right British Columbia as represented by the Min. of Transportation |
| 1997-03-11 | Order granting leave to appeal | |
| 1997-03-07 | Notice of deposit of judgment issued to all parties, Burke-Robertson | |
| 1997-03-07 | Notice of deposit of judgment issued to all parties, Nelligan, Power | |
| 1997-03-07 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1997-03-06 |
Judgment of the Court on the application for leave to appeal, L'HD So McL, The application for leave to appeal in Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Transportation and Highways v. Anthony Dale Mochinski and Trendline Industries Limited is granted, but only on the issue of non-delegable duty. The application for leave to appeal in Trendline Industries Limited v. Anthony Dale Mochinski and Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Transportation and Highways is dismissed with costs to the respondent Anthony Dale Mochinski. Granted, no order as to costs |
|
| 1996-12-06 | Proof of service, of the respondent's response | |
| 1996-11-13 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1996-10-17 | Affidavit, of service of an application for leave to appeal to A. Moochinski (service admitted on Sept. 16, 1996) (Maureen Taylor) | |
| 1996-10-04 | Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1996-10-04 | Anthony Dale Mochinski |
| 1996-09-25 | Application for leave to appeal, as proof of service of FIST application filed, Completed on: 1996-09-25 | |
| 1996-09-25 | Proof of service, of FIRST APPLICATION admitted on Sept. 10/96 | |
| 1996-09-17 | Correspondence received from, sent to Hean Wylie Peach De Stefanis (Burnaby, BC) enclosing copy of letter dated Sept 17/96 sent to applicant | |
| 1996-09-17 | Correspondence received from, sent to Burke-Robertson to acknowledge receipt of material commencing a proceeding | |
| 1996-09-17 | Correspondence received from, sent to Hean Wylie Peach de Stefanis (Burnaby, BC) enclosing copy of letter dated Sept 17/96 sent to applicant | |
| 1996-09-17 | Correspondence received from, sent to Nelligan, Power to acknowledge receipt of application for leave to appeal | |
| 1996-09-12 | $50.00 filing fee, receipt no. 32566 | Her Majesty the Queen in Right British Columbia as represented by the Min. of Transportation |
| 1996-09-11 | $50.00 filing fee, receipt no. 32555 | Trendline Industries Limited |
| 1996-09-11 | Application for leave to appeal, 5 copies (service missing) (FIRST APPLICATION), Completed on: 1996-09-12 | Trendline Industries Limited |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right British Columbia as represented by the Min. of Transportation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mochinski, Anthony Dale | Respondent | Active |
| Trendline Industries Limited | Respondent | Active |
Counsel
Party: Her Majesty the Queen in Right British Columbia as represented by the Min. of Transportation
Counsel
Civil Litigation Division
1001 Douglas Street - 3rd Floor
Victoria, British Columbia
V8V 1X4
Telephone: (250) 356-8888
FAX: (250) 953-4348
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Trendline Industries Limited
Counsel
730 - 900 HOWE ST
VANCOUVER, British Columbia
V6Z 2M4
Telephone: (604) 685-1343
FAX: (604) 685-7500
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Mochinski, Anthony Dale
Counsel
1501 - 4330 Kingsway
Burnaby, British Columbia
V5H 4H9
Telephone: (604) 434-5748
FAX: (604) 443-4770
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
Supreme Court of British Columbia
C911251
Damages awarded to Anthony Mochinski
Court of Appeal for British Columbia (Vancouver)
CA019014/019017
appeal dismissed; cross-appeal allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available